Charbonneau Commission: Robert Marcil confronted with hard evidence

Former head of city of Montreal public works Robert Marcil resigned from his job following revelations that he had accepted the gift of a luxury Italian vacation from construction boss Giuseppe (Joe) Borsellino.

MONTREAL - After denying he had any knowledge of the corruption spreading through his department in the mid-2000s, the former head of Montreal's public works division was confronted on Tuesday with hard evidence that he personally funneled insider information to at least one local construction boss.

Minutes before wrapping up his second day on the stand before the Charbonneau Commission, Robert Marcil was shown a series of text messages — sent and received through his city-issued BlackBerry in mid-2009 — which show he alerted Garnier Construction boss Giuseppe (Joe) Borsellino that a contract involving the McGill University Health Centre would go to tender "probably in one month."

The messages, obtained following a request to BlackBerry, also indicated that the two men had a much closer relationship than Marcil had indicated — calling each other by their first names or "buddy." The witness had previously described their association as purely professional.

Marcil, while acknowledging that his chats with Borsellino may have gotten him fired if they had been discovered, maintained that he did not provide the entrepreneur with any key information. He added that "it is my habit to call people by their first names."

The revelations followed a dizzying series of denials, followed by mea culpas, from Marcil earlier in the day.

The former top bureaucrat maintained that he never participated in collusion, but agreed that allowing Borsellino to treat both him and his wife to a luxury vacation in October 2008 was "an error in judgment."

Marcil told commission lawyer Denis Gallant that he "honestly had every intention" of paying Borsellino back for the first-class plane tickets, the hotel rooms, the meals and the other perks he enjoyed during their two-week Italian sojourn.

"Had you won the lottery?" replied Gallant, pointing out that the posh hotel rooms alone had cost $700 a night.

A clearly uncomfortable Marcil explained that Borsellino had organized the itinerary for the group — which also included engineering firm executive Yves Lortie and former union boss Jocelyn Dupuis, plus their wives — and he didn't realize Borsellino had such expensive tastes.

"Ethics required me to pay for the whole trip, which effectively I did not do."

Gallant suggested, however, that there was more to the story. He theorized that Borsellino's generosity was his way of thanking Marcil for ensuring that his company was awarded a $5.5-million emergency contract to repair a gaping hole on Sherbrooke St. in 2007. Marcil denied that was the case.

Marcil's relationship with Borsellino was hardly unique. The witness confirmed that he networked regularly with the heads of engineering firms and even a few political actors - including ex-Union Montreal financing head Bernard Trépanier, who he spoke with on the phone "about political news" even after Trépanier left the party.

Marcil said he attended Union Montreal fundraisers, along with a fundraiser in support of former provincial cabinet minister Nathalie Normandeau. His $5,000 ticket to the provincial event was gifted to him by another construction boss - Lino Zambito.

Phone records indicate that the heads of several other local construction firms called Marcil on a regular basis. He even dined with them on occasion.

Marcil said he now realizes that all of this behaviour was a direct violation of the city's code of ethics, which was in effect during his entire tenure.

But he could hardly claim he didn't know the rules. When the ethics regulations were updated in mid-2009, Gallant pointed out, Marcil even sent out a letter reminding his 250 employees to read the amended version.

The same day, he paid a private visit to a construction boss in Laval, identified as Robert Lapointe, and five days later, Lapointe's company was awarded a municipal contract worth $2.6 million.

"I can't tell you the reason I went to see this entrepreneur," Marcil told Justice France Charbonneau. "Maybe he asked me for additional (construction) plans?"

Charbonneau had a hard time believing that explanation, noting that it would be very unusual for the head of the city's public works department to drive all the way to Laval to drop off construction plans in person. She described the visit as highly inappropriate.

"You are absolutely right," Marcil replied, adding that his actions reflected "negligence" on his part.

Less than two weeks after the meeting with Lapointe, Marcil's bosses found out about his 2008 vacation with Borsellino. Unable to provide proof that he had paid his own way, Marcil promptly resigned.

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Former head of city of Montreal public works Robert Marcil resigned from his job following revelations that he had accepted the gift of a luxury Italian vacation from construction boss Giuseppe (Joe) Borsellino.

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